TERMS OF USE AND PRIVACY POLICY

1. Legal Agreement

These terms of use and privacy policy ("Terms of Use") constitute a legal agreement between you and Little Big MMO S.A.S. ("Little Big MMO").

They apply to your use of the Gangs of Space website (“Website”) at gangsofspace.com (or such other URL as the Website may subsequently be hosted at), the software, documentation and any associated materials comprising or made available to you in relation to the game Gangs of Space (the “Materials”) as well as all services offered or provided by Little Big MMO or its nominated third parties in relation to Gangs of Space, including being able to play on Gangs of Space servers operated by Little Big MMO (the “Services”). By making use of any of the Website, Materials and Services, you are deemed to have read and agree to be bound by these Terms of Use.

You hereby declare that you have the legal capacity to enter into this Agreement and you are not barred from receiving the Services under the French laws or other applicable jurisdiction. You understand that the Services being offered may include certain communications from Little Big MMO, such as service announcements or administrative messages, and that these communications constitute part of the Services being offered by the Website and you may not have the right to opt out of receiving them.

2. Amendments

Little Big MMO reserves the right to amend these Terms of Use from time to time upon placing any such amendments on the Website or by providing you direct notice of any such changes. Your continued use of any of the Website, Materials and Services thereafter will be deemed to be acceptance by you of any such changes to these Terms of Use.

3. Description

To use the Services, you may be required to download and install client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience).

You agree that Little Big MMO is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. Little Big MMO does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Internet.

4. Proprietary Rights

Unless otherwise stated in these Terms of Use, Little Big MMO is the owner or licensee of all rights including all copyright, trademarks and other intellectual property rights relating to or included within the Website, Materials and Services (“Rights”). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, text, images, videos and all other elements included in and deriving from the gameplay and virtual world featured in Gangs of Space, including without limitation in-game names, entities, locations and any virtual items (“Virtual Items”) and their associated benefits or properties acquired or provided for use within Gangs of Space.

In the event that you make any modifications, adaptations or derivative works of any kind to the Materials (the "Modifications"), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to Little Big MMO. You hereby assign and transfer to Little Big MMO, without any compensation, any and all rights you may have in and to such Modifications.

5. Licence

Provided that you are 18 years or older, or that you have legal parental or guardian consent to access and use the Website, Materials and Services, Little Big MMO grants you a limited licence (“Licence”) for the purpose of accessing, as applicable downloading, and making use of the Website, Materials and Services (or any parts of such as Little Big MMO may make available to you from time to time) and the related Rights for your own personal and non-commercial use in accordance with these Terms of Use. For the further avoidance of doubt, pursuant to clause 4, any rights you may have in respect of any elements or aspects of Gangs of Space (including without limitation in respect of the in-game entities and Virtual Items) are strictly limited to a personal ‘licence to use’ such as part of the Licence and at no time do you acquire any ownership rights in respect of such. Any contravention by you of these Terms of Use or any other terms or conditions notified to you by Little Big MMO or any behaviour which Little Big MMO deems in its sole discretion is not in keeping with the intended spirit of participation in Gangs of Space, immediately terminates the Licence, or such aspect of the Licence as Little Big MMO may otherwise provide you notice of. Termination of the Licence, or any aspect of the Licence, by Little Big MMO may without limitation also result in the taking of any of the further actions described in clause 18.

6. Restrictions

Under no circumstances, without the prior written approval of Little Big MMO, may you:

  • Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials or Services other than in accordance with the Licence.
  • Modify or adapt (including through third parties and third party tools) the game client or its data, other than in the normal course of Gangs of Space gameplay as permitted in accordance with the Licence.
  • Utilise any automated software or ‘bots’ in relation to your access or use of the Website, Materials or Services.
  • Knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the “Servers”) to become overloaded or crash.
  • Connect to the Servers through any software other than the authorised game client software.
  • Use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website
  • Perform in-game services during your use of the Website, Materials or Services for any form of compensation outside of Gangs of Space.

7. Recording and Streaming Gameplay

Subject at all times to the remaining provisions of these Terms of Use, the Licence provided for in clause 5 will also be deemed to provide you a limited licence to stream your Gangs of Space gameplay on live streaming sites (including for example and without limitation www.twitch.tv) and to record videos of your Gangs of Space gameplay and post such videos on video sharing sites (including for example and without limitation YouTube). Subject at all times to any further restrictions or conditions specified by Little Big MMO from time to time, such licence from Little Big MMO will also be deemed to allow you to include advertisements in such live streaming or recorded video content (together the “Gameplay Content”) and otherwise monetise such Gameplay Content as may be allowed by such live streaming or video sharing sites (together the “Gameplay Content Sites”). The terms of this clause 7 are at all times subject to your compliance with any further obligations imposed by the applicable Gameplay Content Sites you wish to make the Gameplay Content available through.

8. Indemnity

You agree to fully indemnify Little Big MMO for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence and your use or any third party use of any Gameplay Content created by you including, in respect of any third party claims against Little Big MMO, its related parties, employees, contractors or agents.

9. Posting Policy

The following provisions (“Posting Policy”) apply to any comments you post or any statements you make in any manner on the Website (which includes for the avoidance of doubt any associated forums) or any messages you send to other users of the Materials and Services (including as part of the Gangs of Space gameplay) by any manner whether facilitated or otherwise allowable by the Materials and Services (“Posts”):

  • All Posts must represent your genuine opinion of the matter in question;
  • Personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Little Big MMO in its sole discretion, or Posts otherwise in contravention of any law or court order, are not permitted;
  • Posts advertising or promoting any person or entity or their goods or services without the prior written approval of Little Big MMO are not permitted;
  • You grant Little Big MMO a perpetual, non-revocable royalty-free licence to:
    • make use of any Posts as Little Big MMO deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and
    • sub-licence third parties, on such terms as Little Big MMO deems appropriate, to make use of any Posts as Little Big MMO deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same;
  • Little Big MMO reserves the right without notice, explanation or liability to:
    • restrict or remove your ability to make Posts;
    • disallow the posting of any specific Posts;
    • edit any specific Posts; and
    • completely remove any Posts from the Website or anywhere else related to the Materials and Services (including as part of the Gangs of Space gameplay) where they appear or are stored; and
  • You agree to indemnify Little Big MMO on demand for any loss or costs of whatever nature suffered by Little Big MMO whether direct or consequential as a result of any breach by you of clauses 9(a)-9(c).

10. Image Policy

The following provisions (“Image Policy”) apply to any images or videos you make available in any manner in relation to any of the Website, Materials and Services (including those that are automatically produced as part of the Gangs of Space gameplay) (“Images”):

rights of whatever nature (including without limitation copyright, registered and unregistered trademark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any Images must belong to you or you must have the right to make the images available in relation to the Website, Materials and Services in accordance with this Image Policy;, obscene, harassing, threatening, hateful, discriminatory or defamatory Images, as may be determined by Little Big MMO in its sole discretion, or Images otherwise in contravention of any law or court order, are not permitted;grant Little Big MMO a perpetual, non-revocable royalty free licence to:use of any Images as Little Big MMO deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; andthird parties, on such terms as Little Big MMO deems appropriate, to make use of any Images as Little Big MMO deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same;Big MMO reserves the right without notice, explanation or liability to:or remove your ability to make Images available;the use of any specific Images;any specific Images; orremove any Images from the Website or anywhere else related to the Materials and Services where they appear or are stored; andagree to indemnify Little Big MMO on demand for any loss or costs of whatever nature suffered by Little Big MMO whether direct or consequential as a result of any breach by you of clauses 10(a)-(c).

11. Content

While Little Big MMO has endeavoured to take all reasonable and appropriate care in the preparation of the content of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate or that any Posts or Images are in contravention of the Posting Policy and Image Policy, Little Big MMO does not warrant the accuracy, adequacy, or completeness of any information contained in any of the Website, Materials or Services and that such information is error free or that any Posts or Images are not in contravention of the Posting Policy and Image Policy. Little Big MMO does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law Little Big MMO does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of Little Big MMO.

12. Linked Websites

You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray Little Big MMO or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Little Big MMO logo or other proprietary graphic of Little Big MMO to link to this Website without the express written permission of Little Big MMO. Furthermore, you may not use, frame or utilize framing techniques to enclose any Little Big MMO trademark, logo or other proprietary information, including the images or videos found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Little Big MMO's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Little Big MMO or any third party.

Little Big MMO makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Website, or Web sites linking to the Website. Such sites are not under the control of Little Big MMO, and Little Big MMO is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.

Little Big MMO provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Little Big MMO of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.

13. Third Party Content

Little Big MMO may provide or make available third party content on the Website or through the Services and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Little Big MMO does not monitor or have any control over any Third Party Content or third party Web sites. Little Big MMO does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Little Big MMO does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

14. Advertisements and promotions; Third-party products and Services

Little Big MMO may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Little Big MMO is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Little Big MMO advertisers or third party information on the Website.

15. Account Registration

To acquire or make full use of any of the Website, Materials and Services you will need to register for a Gangs of Space member account (“Member Account”). If you do choose to register for a Member Account you warrant that all information and personal details you provide to Little Big MMO are correct. You may not transfer your registration or any rights you may have in your Member Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your Member Account, including without limitation any Virtual Items connected with such Member Account.

16. Usernames

Any username you choose in relation to your Member Account or as applicable any other identifier you choose for use in relation to your access or use of the Website, Materials and Services (including Gang name), may be viewable by other users of any of the Website, Materials and Services as applicable and you warrant that any such username or other identifier will not:

  • infringe the rights of whatever nature of any third party including without limitation copyright, registered and unregistered trademark rights, rights of personality, privacy, confidentiality and any other intellectual property rights; and
  • contain foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature as may be determined by Little Big MMO in its sole discretion or otherwise be in contravention of any law or court order.

17. Confidentiality of Passwords

You must keep all password and login information associated with your Member Account confidential and not disclose such information to any third party or allow a third party access to your Member Account without first obtaining Little Big MMO's written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Little Big MMO immediately if you know or suspect that your Member Account has been accessed by a third party or your login or password details have been, or may have been, obtained by a third party.

18. Cancellation of Membership

Little Big MMO reserves the right, acting at its sole discretion, to refuse to accept your registration request for a Member Account. To the greatest extent permitted by law, Little Big MMO also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your Member Account or to restrict, limit or otherwise change your existing rights of access to your Member Account, or any specific feature or benefit afforded to you in relation to your Member Account, including without limitation in respect of any Virtual Items, if it believes you have breached these Terms of Use or any other agreements you may have with Little Big MMO or for any other reason whatsoever. In such event you agree that Little Big MMO will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your Member Account in any case, you agree you will remain fully liable for any outstanding liability owed to Little Big MMO. Little Big MMO may also, where it believes such action is necessary, without notice block IP addresses of any users who have breached the Terms of Use.

19. Interruption of service

Little Big MMO reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Little Big MMO will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.

You also acknowledge that the Services may be interrupted for reasons beyond the control of Little Big MMO, and Little Big MMO cannot guarantee that you will be able to access the Website or the Services whenever you may wish to do so. Little Big MMO shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.

20. Changes to and cancellation of the Service.

Little Big MMO can modify the Website, the Materials and/or the Services, partially or in their entirety, for whatever reason (with or without motive) and without prior notice.

Little Big MMO can permanently close the Services for whatever reason. However Little Big MMO will announce such closure at least 3 months before it takes effect. This period will allow users to use their Virtual Items acquired by a means of payment.

No refund will be made in case of modification or closure of the Services.

Your right to use the Services expires upon the closing of the Services. Once the Services closes, it may be that the data that you have stored on the Services is no longer recoverable.

21. Collecting Information

Whenever you access or make use of any of the Website, Materials or Services, Little Big MMO may as applicable collect the following types of information from you:

  • the IP address from which you are accessing the internet;
  • the browser your computer uses and the website that hosted the link you used to arrive on the Website;
  • the date and time you are visiting the Website or accessing the Service;
  • the URLs of the Website pages you visit;
  • the operating system, the CPU and GPU and amount of memory of your computer;
  • information relating to the actions you undertake within Gangs of Space;
  • any telemetry details (such as speed of your connection and how well Gangs of Space gameplay is running) associated with your access and use of Gangs of Space,
  • as well as any other information you may explicitly provide Little Big MMO in the course of accessing or making use of any of the Website, Materials or Services.

22. Use of Information

Little Big MMO uses the information provided by you or generated by your accessing or making use of any of the Website, Materials or Services to provide the services Little Big MMO provides to you in relation to any of the Website, Materials or Services.

Little Big MMO also uses information collected from you to assess the performance of the Website, Materials and Services and to ensure that the Website, Materials and Services serve your needs in the most efficient manner possible.

23. Cookies

Little Big MMO may also place cookies on your computer. Cookies are alphanumeric identifiers which are transferred to your computer’s hard drive through your web browser to enable Little Big MMO to recognise you whenever you access the Website and therefore better personalise your access of and use of the Website, Materials and Services. A cookie does not identify you personally but it does identify your computer. The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note however that if you do not allow the use of cookies or do not wish to provide certain information to Little Big MMO, you may not be able to take full advantage of the Website, Materials and Services.

24. Data Transmission

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Little Big MMO strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all reasonable steps to preserve the security of such information.

25. Disclosing Information

You also agree that Little Big MMO is entitled to disclose information it holds about you without your prior permission if Little Big MMO reasonably believes that such disclosure is necessary to:

  • meet legal requirements;
  • comply with legal process or help to maintain the law;
  • protect Little Big MMO's rights or property or that of Little Big MMO's related companies; or
  • enforce these Terms of Service or any other agreement that Little Big MMO may have with you.

26. Lost Data

In the event that any information or data (including without limitation in respect of in-game ships, achievements, Virtual Items, Virtual Currencies or general Gangs of Space gameplay) relating to you or your use of any of the Website, Materials and Services held by Little Big MMO or any third party on behalf of Little Big MMO is lost, corrupted or otherwise no longer reasonably available or accessible as judged by Little Big MMO in its sole discretion, you agree that to the greatest extent permissible at law Little Big MMO will have no liability to you of any nature relating to any such information or data.

27. Accessing

You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or any data contained therein. To the greatest extent permitted by law Little Big MMO does not accept responsibility for any interference or damage to your computer system or any data contained therein which may arise in connection with your accessing or making use of any of the Website, Materials and Services.

28. Support

Little Big MMO reserves the right to make support services available in relation to any of the Website, Materials and Services on such terms and conditions as Little Big MMO at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as Little Big MMO at its sole discretion deems appropriate.

29. Exclusion of Warranty

To the greatest extent permitted by law, in relation to your access and use of the Website, Materials and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.

30. Exclusion of Liability

To the greatest extent permitted by law, under no circumstances will Little Big MMO, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to your access and use of any of the Website, Materials and Services, including without limitation in relation to any Posts or Images or any breach by you of the Posting Policy or Image Policy, or in respect of any failure or omission on the part of Little Big MMO to comply with its obligations as set out in these Terms of Use.

31. Limitation of Liability

To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and Little Big MMO becomes liable for any loss or damage that would otherwise have been excluded, Little Big MMO's maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damages or injury directly or indirectly arising in respect of your access and use of any of the Website, Materials and Services is to be limited to 10 Euros.

32. Applicable law

The present contract is subject to French law, without prejudice to the mandatory provisions of the Rome convention 80/934/ECC.

If you are accessing or making use of any of the Website, Materials and Services from outside of France then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country.

33. Failure to Comply

Little Big MMO accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.

34. Waiver

If Little Big MMO waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

35. Severability

If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force.

36. Copyright Complaints

you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification with contact@gangsofspace.com.

We may give notice of a claim of copyright infringement to our users by an electronic mail to a user's email address in our records.

37. Jurisdiction

This Agreement is governed by and shall be construed and enforced under the French laws, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. Little Big MMO and you each hereby irrevocably consent to the jurisdiction of the courts of Cannes for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the courts of Cannes.

38. Entire Agreement

These Terms of Use constitute the entire agreement between you and Little Big MMO in respect of their subject matter and supersede any previous understandings, representations or agreements on that subject matter.

39. Queries

If you have any queries in regard to these Terms of Use please contact us via email at contact@gangsofspace.com.